City advances annexation ordinance
By TUCKER LYONT&D Government Writer Wednesday, March 07, 2007
1 comment(s) | Default | Large
After clarifying the importance of the term “contiguous,” Orangeburg City Council gave second reading Tuesday to an ordinance designed to ease the annexation of land into the city.
The ordinance would require customers in unincorporated areas who seek new water and sewer taps to sign a statement agreeing to join the city when it’s ready to annex them. Otherwise, the city’s Department of Public Utilities will not provide water or sewer services.
Councilman Charles Barnwell first raised the question of contiguous property.
“My understanding is this ordinance applies only to property contiguous,” he said.
City Administrator John Yow explained that, while a previous ordinance applied to “contiguous” property, “this applies to all” property in unincorporated areas.
“Even though it may be five blocks away?” Barnwell asked.
Mayor Paul Miller responded that a property may even be a mile away.
Yow said a statement agreeing to join the city must be in place first. Then, when the property does become contiguous, it can be annexed.
“So, folk out in Ramsgate, if they had new construction, they’d have to do a covenant before they get a tap?” asked Councilwoman Sandra Knotts.
Miller explained that they “can get the tap and get on the system. But, once they get on, they are subject to annexation.”
“Is that legal?” Knotts asked.
City Attorney James Walsh replied that it is legal.
Knotts cast the only vote against the ordinance, which was given second reading on a 5-1 vote. Councilman Trelvis Miller was absent.
When council held a special session last week to give first reading to the ordinance, Yow explained that “this is a common thing done in most cities that have grown in size.”
The mayor began a push in favor of annexation last year, noting that despite having more than 55,000 people residing within six miles of downtown Orangeburg, only about a fifth of them actually live in the city.
City officials have said the change won’t apply to services non-residents already receive, although a person will have to sign a covenant agreeing to annexation if he signs up for a new service.
Yow said the change applies to all new customers, including those who will receive services from lines paid for with proceeds from the county’s penny sales tax.
Signing the covenant is a precursor to property owners signing an annexation petition, the first step in lengthy process toward annexing unincorporated land into the city.
State law requires three-fourths of property owners in an unincorporated area to sign a petition to be annexed. Following that, a request must be sent to the U.S. Department of Justice to ensure the requested annexation will not create an unconstitutional racial imbalance.
Customers who sign the covenant won’t necessarily be annexed immediately, Yow said. Areas can only be annexed if they are located next to the existing city limits.
Miller said last week that the change in DPU policy is needed to help Orangeburg reach its “natural boundaries.”
In other business, council:
Okonite, which now needs some of the land back for its own expansion, had donated some three acres to the city to use for a fire substation.
Also, only city council has the authority to negotiate any employment by contract. These contracts must be made in writing, approved by the council and specify the duration of the employment.
Employee grievances must now go through the council.
Councilman Bernard Haire, who cast the lone vote against the ordinance, previously called it, “grossly unfair to the employees.”
T&D Government Writer Tucker Lyon can be reached at tlyon@timesanddemocrat.com or by calling 803-533-5545. To comment on this and other stories, visit TheTandD.com.
To subscribe to the print edition of The Times and Democrat, click here.
tonto wrote on Mar 7, 2007 10:36 AM: